Latest articles
LATISH v LOVYA RESTAURANT & BAR [2021] DIFC SCT 099 — Employment claim dismissed for exceeding statutory limitation period (22 April 2021)
The DIFC Small Claims Tribunal confirms the strict application of the six-month limitation period under the DIFC Employment Law, barring a claim for disputed final settlement deductions filed over a year after termination.
Medimpact International v Dimensions Healthcare [2021] DIFC ARB 006: The Mechanics of Transparent Enforcement
How the DIFC Courts balanced confidentiality with the public interest in the recognition of international arbitral awards. On 3 March 2021, H.E.
Jaliah Bank v Jazlyn [2019] DIFC SCT 099 — Enforcement of credit agreements in the Small Claims Tribunal (02 April 2019)
The dispute concerned the recovery of outstanding balances arising from a 2016 financial agreement between Jaliah Bank (PJSC) and the Defendant, Jazlyn. The Claimant sought to recover funds disbursed under a personal loan and a credit card facility.
NYOKA v NUNZIO [2024] DIFC SCT 098 — Contractual liability for fit-out works and termination disputes (29 July 2024)
The dispute centers on a series of agreements—a Letter of Intent, a Bill of Quantities (BOQ), and a Fit-Out and Joinery Works Agreement—governing the interior fit-out of the Defendant’s restaurant located within the DIFC.
Ikrut v Islay Restaurant [2018] DIFC SCT 098 — Unlawful recruitment fee deductions and Article 18 penalties (12 April 2018)
The Small Claims Tribunal clarifies that statutory prohibitions against charging recruitment fees under the DIFC Employment Law override private contractual agreements, triggering mandatory late payment penalties.
Nadia v Neville [2024] DIFC SCT 097 — Enforceability of professional service fees for unused deliverables (13 June 2023)
The dispute centered on the recovery of outstanding professional fees for legal services provided under an engagement letter. The Claimant sought to recover the total value of an invoice for work performed, which the Defendant acknowledged but refused to pay in full.
Muftan v Mekher [2023] DIFC SCT 094 — Finality of Consent Orders in employment disputes (03 April 2023)
This judgment reinforces the principle of res judicata within the DIFC Small Claims Tribunal, confirming that a Consent Order explicitly framed as a "full and final settlement" precludes subsequent litigation regarding the same employment relationship.
Laaibah v Lyre Restaurant [2021] DIFC SCT 094 — jurisdictional dismissal for lack of nexus (13 April 2021)
The dispute centered on a commercial disagreement regarding the payment of outstanding sums allegedly owed under an agreement executed by the parties on 14 November 2018. The Claimant, Laaibah, sought to recover AED 25,440 through the DIFC Courts’ Small Claims Tribunal, asserting that the…
MIKHA v MERAT [2023] DIFC SCT 093 — Consultancy non-performance and evidentiary failure (23 June 2023)
The DIFC Small Claims Tribunal clarifies the evidentiary burden for consultants seeking unpaid fees following termination for non-performance.
LALIT v LEYA [2021] DIFC SCT 093 — Employer’s failure to substantiate damages for breach of notice period (21 April 2021)
The dispute arose from an employment relationship between the Claimant, Lalit, and its former employee, the Defendant, Leya. Following the termination of the employment contract, the Claimant initiated proceedings in the Small Claims Tribunal (SCT) alleging that the Defendant had breached his…
JACKSON MIDDLE EAST SCAFFOLDING CONTRACTING v JIA GROUP DMCC [2019] DIFC SCT 092 — Enforcement of unpaid scaffolding invoices via Small Claims Tribunal (25 March 2019)
The dispute centered on the recovery of unpaid invoices for scaffolding services provided by the Claimant, Jackson Middle East Scaffolding Contracting, to the Defendant, JIA Group DMCC.
FILIB v FIFI [2014] DIFC SCT 092 — Enforcement of unpaid strata service charges (23 February 2015)
The dispute concerned the recovery of unpaid service charges for a residential unit within the Filib building in the DIFC. The Claimant, a body corporate established under the DIFC Strata Title Law, initiated proceedings against the Defendant, Fifi, for failing to settle invoices covering the…
Lucina v Lindae Solutions [2020] DIFC SCT 091 — Breach of contract and refund of management fees (23 April 2020)
The dispute centered on the alleged failure of Lindae Solutions to perform obligations under a Pre-Opening Management Service Agreement intended to launch a café concept in Saudi Arabia.
Lexie v Lottie [2022] DIFC SCT 090 — Property dispute regarding illegal subleasing and refund of rental payments (27 May 2022)
The Claimant, Lexie, initiated proceedings against two defendants, Lottie and Lettie, following the termination of her occupancy in a unit within the DIFC. The dispute centered on the Claimant’s demand for a refund of rent covering the unexpired portion of her sublease and the return of her…
MURKAN v MISHTI [2023] DIFC SCT 089 — Clarifying the definition of 'Wage' in employment leave calculations (03 July 2023)
The dispute arose from the termination of an employment contract between the Claimant, Murkan, and the Respondent, Mishti. The Claimant initiated proceedings in the Small Claims Tribunal (SCT) alleging that the Respondent failed to fulfill various post-termination obligations, including the…
Migni v Merrup [2023] DIFC SCT 089 — Employment entitlements and counterclaim adjudication (03 May 2023)
The dispute centered on the final settlement of an employment relationship between Migni (the Claimant) and Merrup (the Defendant), a laundry and dry-cleaning entity. Following a contentious resignation and allegations of breach of confidentiality, the Claimant sought a total of AED 2,723.04 in…
Ianthia Contracting v Iziah Contracting [2018] DIFC SCT 089 — jurisdictional challenge regarding arbitration clauses (04 April 2018)
The dispute arose from a subcontract agreement concerning the supply and installation of an "HDPE Liner." Ianthia Contracting LLC, a company licensed in Abu Dhabi, initiated proceedings against Iziah Contracting LLC, a Dubai-based entity, seeking recovery of outstanding payments.
LIV v LEANNA [2022] DIFC SCT 088 — Enforcement of brokerage commission terms (27 May 2022)
The Small Claims Tribunal clarifies the primacy of written Broker Agreements over subsequent verbal negotiations in real estate commission disputes.
Linee Commercial Bank v Levon [2020] DIFC SCT 088 — jurisdictional bifurcation of banking products (03 May 2020)
The dispute centered on the Claimant’s attempt to recover outstanding arrears from the Defendant, Levon, arising from two distinct financial products: a personal loan and a MasterCard Gold Credit Card. The Claimant sought a total recovery of AED 159,553.55, split between the two products.
MIKRA v MOWAT [2023] DIFC SCT 087 — Judicial correction of misnamed parties in a broker dispute (21 June 2023)
The dispute originated from a contractual disagreement regarding commission payments for real estate development services. The Claimant, identified as Mikra, sought to enforce terms against the Respondent, Mowat, based on a written Broker Agreement.
INGEMAR INTERIORS v IOLANA RESTAURANTS [2018] DIFC SCT 087 — Fit-out contract dispute and delay penalty adjudication (07 May 2018)
The dispute centered on a Fit-Out Agreement for a restaurant located within the DIFC. The Claimant, Ingemar Interiors, sought payment for a final invoice of AED 73,869.47, alongside additional claims for damages.
HARISH v HAUKEA LIMITED [2017] DIFC SCT 087 — Enforceability of advance commission repayment and post-termination conduct (15 June 2017)
The dispute centered on a complex web of employment-related claims and counterclaims following the resignation of the Claimant, Harish, on 23 January 2017. The Claimant initially filed for AED 71,677.99, but subsequently amended his claim to a total of AED 363,141.00.
LUDEN COMMERCIAL BANK v LIEDA [2020] DIFC SCT 086 — Jurisdictional limits on bank debt recovery (30 April 2020)
The Small Claims Tribunal clarifies that a contractual opt-in clause for a personal loan does not automatically extend to separate credit card products, resulting in a partial dismissal of the bank’s recovery claim.
IBHAR v IVANNA [2018] DIFC SCT 086 — Tenancy dispute over notice periods and prorated rent (23 April 2018)
This Small Claims Tribunal judgment clarifies the evidentiary weight of electronic communication in establishing notice to vacate and the enforceability of negotiated rent extensions in the absence of a formal renewal contract.